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WASHINGTON, D.C. – The U.S. Department of Energy (DOE) today issued a Preliminary Notice of Violation (PNOV) to Fluor Idaho, LLC (Fluor Idaho) for violations of DOE nuclear safety requirements.  DOE’s enforcement program holds contractors accountable for meeting regulatory requirements and maintaining a safe workplace.  Fluor Idaho is the management and operating contractor for the Idaho Cleanup Project in Idaho Falls, Idaho.
 
The violations are associated with nuclear safety deficiencies revealed by the April 11, 2018, drum overpressurization event at Accelerated Retrieval Project (ARP) V facility.  The PNOV cites four Severity Level I violations, one Severity Level II violation, and one Severity Level III violation of requirements of 10 C.F.R. Part 830, Nuclear Safety Management, which are enforceable under 10 C.F.R. Part 820, Procedural Rules for DOE Nuclear Activities.  According to 10 C.F.R. Part 820, Procedural Rules for DOE Nuclear Activities, Severity Level I is reserved for violations of DOE Nuclear Safety Requirements which involve actual or high potential for adverse impact on the safety of the public or workers at DOE facilities.  Severity Level II refers to violations that represent a significant lack of attention or carelessness which could, if uncorrected, lead to an adverse impact on public or worker safety at DOE facilities.  Severity Level III violations are less serious but could, if uncorrected, lead to a more serious concern.
 
Partially in response to the nuclear safety violations associated with this event, DOE permanently withheld $300,000 of contract fee from Fluor Idaho in fiscal year 2019, and permanently withheld an additional $200,000 under this same fee action in fiscal year 2020.  In consideration of the mitigating factors detailed in the PNOV transmittal letter and the fee previously withheld, DOE imposes a total civil penalty of $580,700 for the violations.
 
Section 234A of the Atomic Energy Act of 1954, as amended, authorizes the Energy Department to pursue regulatory enforcement under 10 C.F.R. Part 820 against DOE contractors for violations of nuclear safety requirements.  DOE’s enforcement program encourages contractors to identify and correct nuclear safety deficiencies at an early stage, before they contribute to, or result in more serious safety events. 
 
Additional details on this PNOV is available on the DOE website at: http://energy.gov/ea/services/enforcement/notices-violation.

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